Delhi Press vs R.N. Mehrotra and Others

Mukul Mudgal, J.—This is a writ petition pending in this Court since 1974. None has appeared on behalf of the petitioner. Even on 28th November, 1997, as well as on 9th January, 1998, none appeared on behalf of the petitioner. Accordingly the matter is taken up for final hearing.

This petition challenges the Tribunal''s award dated 18th May, 1974. The claim before the Tribunal arose from a challenge to the dismissal of the respondent-workmen, respondents 2 and 3, by the petitioner. The claim of the management was that there was an automatic termination of the workmen''s services in terms of the respective letters of appointment and it was neither a case of wrongful dismissal nor a case of wrongful discharge. The Tribunal has noted that the appointment letters issued were initially for a period of one year and henceforth were extended on year to year basis and it is the stand of the petitioner Company that the workmen''s services automatically came to an end at the expiry of the term stipulated by the last appointment letter. It is also admitted that no letter of termination was given to the workmen. The Tribunal had disbelieved the stand of the management that the services were terminated as workmen themselves did not make any request for continuation of their services after the expiry of the last appointment letter. The writ petition does not make out any ground for interference with this finding. The Tribunal has also recorded a finding that the dismissal was an act of victimization occasioned by the respondent/workmen''s espousal of the cause of other employees whose services were also terminated in a similar manner. This finding of fact is also unassailable under Article 226 of the Constitution of India.

Accordingly the writ petition is dismissed with costs quantified at Rs.5,000/-to be payable within 12 weeks from today. All interim orders stand vacated.